IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39529 of 2008
1. Pawan Jha @ Pawan Kumar Jha.
2. Suman Jha @ Suman Kumar Jha.
Both sons of Phool Jha @ Fulkant Jha, resident of Village + P.S. Bangaon, Distt.
Saharsa.
Versus
The State Of Bihar
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2 22.07.2011 This application has been filed against the
order dated 05.12.2006 passed by the Chief Judicial
Magistrate, Saharsa and the order passed in Criminal
Revision No. 341 of 2006 passed by the Ist Additional
Sessions Judge, Saharsa.
The facts are that due to violation of order
passed under Section 188 of the Criminal Procedure Code,
a complaint was filed by the first party. The case was
registered on 28.07.2006 when the Court called for the
Lower Court records. Lower Court records could not be
received till 05.12.2006 and therefore, cognizance was
taken.
The issue raised by the petitioner is that the
proceeding is barred under Section 468 of the Criminal
Procedure Code. The Revisional Court while considering
the order of cognizance has come to the conclusion that
the Court had rightly condoned the delay as the matter had
remained pending due to non-production of the Lower
Court records and as such this case would be covered
under the provisions of Section 470 of the Criminal
2
Procedure Code.
I see no illegality in the reasonings in the
order and thus this application is dismissed.
Md. Ibrarul ( Sheema Ali Khan, J.)